Saturday • July 27 • 2024
Vol.XVI • No.XXX
Manchester, N.H.
The following article was written by a friend of Free Keene anonymously. Please enjoy.
The Live Free or Die state has garnered a reputation for being extraordinarily pro-gun over the past few years. New Hampshire is either the best state in the union for gun rights or it’s tied with one or more other states for the coveted top spot. Granite Staters never need a permit to carry any firearm concealed or openly, and courts are the only places where guns aren’t allowed. The state government doesn’t restrict any magazines, ammunition, or accessories, and local governments in the state can’t do anything to restrict gun rights, either. Upon deeper analysis, however, one may find that New Hampshire is far from the best state for gun owners and supporters of liberty and due process. In fact, it may be the most tyrannical state in the union when it comes to the confiscation of firearms by police.
Over the past few years, 21 states have enacted “red flag” laws, which generally allow the government to seize firearms from people who exhibit warning signs of being a potential danger to the public or to themselves. Such laws typically allow law enforcement agents to petition a court for an “extreme risk protection order.” If approved by the judge, police may then go to the defendant’s home and confiscate their firearms and ammunition before he has a chance to defend himself in court. This Orwellian policy flips due process on its head by presuming persons to be guilty, punishing them, and then giving them a chance to defend themselves in court at a later time. It seems that the entire right side of the aisle has condemned red flag laws, especially when it was politically popular to do so. But when asked about such policies shortly after a tragic shooting, the same people express support for preemptive gun confiscation in order to remain politically popular.
And that’s the key: politics.
Republican politicians love saying things like:
“We will never let the Dems take your guns! We have a 2nd Amendment right gosh dangit! Red flag gun confiscation will never have my support!”
But nearly every Republican legislator in New Hampshire changes their tune dramatically when presented with ex parte gun confiscation if it’s wrapped in a different type of box, one which nearly nobody on the planet would dare oppose: the restraining order.
According to the mainstream dogma, anything under any restraining order statute could never be loosened. Anyone who supports amending the restraining order/gun confiscation law (RSA 173) must support violence against women. That’s what the conservatives would have you believe. Yet, RSA 173 is New Hampshire’s restraining order statute and it may be the union’s most expansive and anti-liberty red flag gun confiscation law. There are a few ways in which it’s the worst:
In New York, only a district attorney, a police officer, a school official, a healthcare professional, or a member of the respondent’s family or household can file ERPOs. They also must be filed in the defendant’s court, while anyone in New Hampshire can go to their local court or just call the cops to file the ERPO.
In New Jersey, a family or household member or law enforcement officer may file a petition for a temporary ERPO alleging that the respondent poses a significant danger of bodily injury to themselves or others by having a firearm. The law states that “A judge shall issue the order if the court finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.” This is a higher standard than New Hampshire judges utilize; they seemingly approve every red flag request, even those that don’t make any allegations whatsoever.
In California, only those with certain relationships to the defendant can file ERPOs, while New Hampshire allows any person to do so. Their law states that:
At the hearing, the petitioner has the burden of proving, by clear and convincing evidence, that both of the following are true: (1) The subject of the petition poses a significant danger of causing personal injury to themselves or another and (2) A gun violence restraining order is necessary to prevent injury because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances.
New Hampshire does not even require a hearing for a red flag gun confiscation. Any person in NH can tell a cop they want someone’s guns taken, at which time the cop calls a judge who gives them the approval, and the ERPO is executed immediately.
Some states have red flag gun confiscation policies that are similar to New Hampshire’s but none are worse.
In the 2024 session, the Republican-controlled legislature unanimously killed two bills that would have reformed the state’s gun confiscation laws. The Criminal Justice and Public Safety Committee unanimously voted to recommend killing the bills, and the House subsequently killed them both by voice votes.
House Bill 1064 (filed by pro-liberty Rep Matt Santonastaso) would have eliminated the gun confiscation element from restraining orders while keeping all of the other provisions intact. Any person would still be able to file a restraining order against anyone else for any reason. Judges would continue to approve nearly 100% of temporary ex parte restraining orders, which would forbid the defendant from contacting or coming near the plaintiff. The Committee killed the bill. House Bill 1337 (filed by pro-liberty Rep Tom Mannion) would have made it a little easier for the defendant to get his property back from the police after the expiration of the restraining order. It also would have prohibited police from charging storage fees for the guns and ammunition they confiscated, and it would have removed the absolute immunity from liability for property lost or damaged while in police custody. The Merrimack County prosecutors testified against both bills, implying that women would die if either of the bills passed into law.
The State Representatives on the Committee are:
Terry Roy
Jennifer Rhodes
Alissandra Murray
Kevin Pratt (R)
John Sytek (R)
Mark Proulx (R)
Jason Janvrin (R)
Dennis Mannion (R)
Karen Reid (R)
Jonathan Stone (R)
Jeffrey Tenczar (R)
Linda Harriott-Gathright (D)
David Meuse (D)
Amanda Bouldin (D)
Amy Bradley (D)
Nancy Murphy (D)
Ray Newman (D)
Jodi Newell (D)
Loren Selig (D)
Jonah Wheeler (D)
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AZ is almost as bad as NH
13-3602 – Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition.
CO is similar to NH
Petition for extreme risk protection order, Colo. Rev. Stat. § 13-14.5-104
DC is almost as bad. Must show immediate danger. And it lasts 7 days.
https://www.womenslaw.org/laws/dc/restraining-orders/anti-stalking-orders#node-73939
FL is similar. Cops can file ERPOs. Citizens can ask cops to do it, seemingly.
Chapter 790 Section 401 – 2021 Florida Statutes
Anyone can file a restraining order, and people with restraining orders generally can’t have guns in HI, seemingly.
Section 134-7 – Ownership, possession, or control prohibited, when; penalty, Haw. Rev.
IN – judges have full discretion for ex parte orders
State Gun Laws: Guns and Orders for Protection | WomensLaw.org
VA – red flag law is ex parte but has more process and higher standard than NH: In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force, or threat as defined in §19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist. VA does not seem to require another motion/hearing to get guns back. The law explicitly allows the defendant to transfer his guns to a friend.
On Sunday afternoon, Joe Biden announced that he is no longer seeking reelection to be president, leaving the Democrats without a nominee less than four months before the general election. Prior to today, Biden has consistently insisted that he would not drop out; he would beat Trump at the ballot box in November. Evidently, “the Democratic elite, corporate media, and billionaire donors successfully pressured the candidate chosen by Democratic primary voters to drop out because he's down in the polls and losing,”
The post Breaking: Biden Drops Out of 2024 Election appeared first on The Liberty Block.
On June 13th, the SCOTUS published its opinion in FDA v. Alliance for Hippocratic Medicine (2024), in which it unanimously ruled that the plaintiffs lacked standing and therefore could not even legally sue the FDA. This decision reversed a ruling by the Fifth Circuit Court of Appeals, which we touched on in a 2023 article.
The post SCOTUS: Doctors Can’t Sue FDA Over Abortion Drug appeared first on The Liberty Block.
TRUMP SHOT BY ASSASSIN!! Survives bullet to the head?!?! Incompetence or worse on the part of those in charge of security; was the shooter a patsy? Was this a high-level conspiracy? Was there an element of trying to humiliate Biden in allowing this lapse in security? Why is Trump speaking in terms of “unity”? the choice of Vance for VP; Is Vance impeachment insurance? The dismissal of the Smith case against Trump as violating the appointments clause; carrying and owning guns under the age 21; should there be a single age for adulthood? Biden going after SCOTUS and trying to circumvent the constitution; are term limits a good idea for Justices? Menendez conviction;
The post The Conservatarian Exchange Podcast #215 appeared first on The Liberty Block.
On July 13th, President Trump was shot by an assassin, with a bullet taking a chunk out of his right ear. According to video evidence and eyewitnesses, the Secret Service snipers only learned about the shooter around three minutes before he fired his first shot. Within a few seconds of Trump being hit, the SS snipers fatally shot the assassin. The killing of a man armed with an AR-15 lying on a roof around 130 yards away was an impressive feat, earning praise for the brave agents from all over the world.
The post SlopeGate: Secret Service Only Protects from Snipers on Flat Roofs? appeared first on The Liberty Block.
Daniel reported from UK on their recent elections; Nigel Farage will not be totally insignificant, although in the minority in parliament; Daniel also reported and opined on the French elections and how they rigged their election against Le Pen’s party; Project 2025 and Trump’s purported distancing from it; is the left pulling an Alinsky against Biden? How the media did such a quick 100% turnaround on Biden’s mental acuity; Would publicizing the Hur audio cause Biden to withdraw? How much will abortion affect pro-Trump voters? Discussion on gun rights; Lazer chimed in to discuss Ukraine/Russia; discussion on military personnel operating out of hospitals and if that makes the hospitals a legitimate target; (we apologize for the interruption caused by a windows popup);
The post The Conservatarian Exchange Podcast #214 appeared first on The Liberty Block.
Some time on Thursday, July 11th, Biden lost his spot as the odds-on favorite to win the Democrat nomination for President, according to PredictIt.org. The 81-year-old is already the oldest President in history, and his age has rapidly been catching up with him of late. He would be 86 years old by the end of his next term. After an undisputedly pathetic performance in the June 27 debate against Trump, Democrats have been rapidly leaving the Biden bandwagon. Biden’s apparent dementia was noticeable during the 2020 election and is now impossible to ignore. As of today, 18 Democrat Congressmen have called on Biden to leave the race for reelection.
The post Breaking: Biden Less Likely Nominee Than Kamala – According to the Bets appeared first on The Liberty Block.
Citizens for Criminal Justice Reform Established January 2010
READ OUR LAST NEWSLETTER: HERE
Joe Biden demonstrated throughout the debate that he is not mentally fit to be president; will the Dems replace him? When? How? The crew discusses the Trump immunity case decided by the SCOTUS. To what extent should presidents be immune from criminal prosecution for their official acts? The crew discusses the SCOTUS reversing "Chevron deference," stripping massive powers from unaccountable federal agencies. Should social media companies be responsible for the content on their platforms if they are going to curate content?
The post The Conservatarian Exchange Podcast #213 appeared first on The Liberty Block.
While blockbuster cases like Garland v. Cargill (bump stock ban), U.S. v. Rahimi (restraining orders & gun control), FDA v. Alliance for Hippocratic Medicine (abortion pill), Murthy v. Missouri (censorship) and Trump v. U.S. (immunity) are making all the headlines, another recent decision by the Supreme Court caught my attention due to my interest in due process and government accountability.
The post Alu’s Breakdown of Chiaverini v. Napoleon appeared first on The Liberty Block.
Missouri v Biden, Murthy case re: free speech, horribly decided by SCOTUS; the doctrine of “standing”; should court rulings affect only specific cases or be sweeping for anyone affected even indirectly or subject to such in the future; how absolutely should the 2nd amendment be read? Should we have a right to social media publishing anything we want to share? Assange’s release—did his leaks endanger the lives of soldiers? Does SCOTUS horse-trade on cases? Tomorrow night’s debate between Trump and Biden;
The post The Conservatarian Exchange Podcast #212 appeared first on The Liberty Block.
At long last, the SCOTUS has published their decision in U.S. v. Rahimi. The case arose from a conviction of a Texas man named Zackey Rahimi, who was found guilty of violating a federal law. Specifically, Rahimi violated 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by anyone who is the subject of a domestic violence restraining order. Interestingly, the restraining orders are issued by state courts, while the law in question is federal.
The post Alu’s Breakdown of the U.S. v. Rahimi Supreme Court Decision appeared first on The Liberty Block.
The weather (extreme heat in some places and snow in others) and climate change; pending SCOTUS cases including Biden v Missouri re: censorship by social media, Trump’s immunity, Chevron case re: interpretation of statutes by the rule makers in the administrative state/non-delegation issue, the decision on mifepristone, which was decided on issues of standing; why does SCOTUS wait until the end of the term to release decisions? Should we rule out lawfare against truly crooked politicians? Alito suggesting congress could write a bump stock ban into the law; should the government have the power to ban masks? Should citizens have the right to protest anonymously? Will there ever be comeuppance against Fauci? Pfizer? How to circumvent the immunity given Pfizer?
The post The Conservatarian Exchange Podcast #211 appeared first on The Liberty Block.
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Pastor Martin Niemöller
Is the Israeli military/government being reckless or are they doing what it takes to rescue hostages and prosecute the war in Gaza? The Ninth Circuit Court of Appeals has ruled that the scamdemic shots are not legally "vaccines" - but how did the California-based federal court get so non-leftist? How did Trump get conservative judges confirmed, especially on the left coast? Mike explains how the NJ legislature screws the people and encourages young children to identify as LGBT. Meagan tells of her experiences with the many people who seek to de-transition after regretting their decision.
The post The Conservatarian Exchange Podcast #210 appeared first on The Liberty Block.
(white) goldstandard-06-13-24-J.pdf
(gold) goldstandard-06-13-24-J-y.pdf
The post Joint Recommendations Gold Standard – June 13, 2024 appeared first on NH Liberty Alliance.
The Trump conviction; so many due process and constitutional issues were involved; would federal courts touch the case before State appeals are exhausted? The panel agrees that Trump will likely be taken to jail at sentencing on 7/11 or alternately sentencing may be postponed; should Trump go home to Florida and dare them to take him back to NY? What are the odds of getting SCOTUS to intervene early in the process? Will Biden be replaced? Could American “stumble” into a war? The Fauci hearings and his admitting to so many lies.
The post The Conservatarian Exchange Podcast #209 appeared first on The Liberty Block.
The Trump trial; Biden’s pier problems in Israel; is our military incompetent? How much was it destroyed by Obama/Biden? If Iran could build a bomb, can they deliver it? The libertarian convention; why do republicans want federal law to ban abortion (at any point in pregnancy)? Can republicans run against the national debt? Could anyone win the presidency on reducing entitlements or even any of the national debt? The panel had positive comments about Trump not pandering in either the Bronx rally or at the libertarian convention; new portrait of King Charles; baseball integrating stats from other leagues into their official stats.
The post The Conservatarian Exchange Podcast #208 appeared first on The Liberty Block.
Today’s show topics included: Death of Raisi et al—does it change everything for anybody? Should the UN and US have mourned his loss? Does the ICC issuing arrest warrants for Bibi Netanyahu mean anything or show anything more about who the left is? Should Trump campaign on leaving the UN? Is anyone bold enough to really buck the establishment (as the founders did)? The statement of the KC Chief’s kicker—the backlash and support he gained; UK’s upcoming elections, which are likely to pull the UK further left; is Britain totally servile to Islam? Is their labor party dependent on the Muslim vote? SCOTUS saving CFPB; Ed M. refuses to dignify the Trump trial with serious legal comments as it is a B.S. trial.
The post The Conservatarian Exchange Podcast #207 appeared first on The Liberty Block.
(white) goldstandard-05-23-24-H.pdf
(gold) goldstandard-05-23-24-H-y.pdf
The post House Gold Standard – May 23, 2024 appeared first on NH Liberty Alliance.